CC Resolution No. 04-417
RESOLUTION NO. 04-417
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING ABATEMENT OF PUBLIC NUISANCE AT 10240 JOHNSON
AVENUE (APN 375-25-062), MIKE AND JULIE JACOBSON PROPERTY
OWNERS
RECITALS:
(a) On September 7, 2004, the City Council of the City of Cupertino adopted
its Resolution No. 04-393 (attached) declaring a public nuisance at 10240 Johnson
Avenue because of an excessive amount of uncontainerized garbage, furniture, tools,
lumber, recyclables, automobile parts, and appliances in view of the public right of way;
(b) Pursuant thereto, the City Council of the City of Cupertino held a hearing
with on October 4, 2004, at 6:45 p.m" in the Council Chambers, in the City Hall, located
at 10300 Torre Avenue;
(c) The following members of the City Council were present: James, K wok,
Lowenthal, Wang and Sandoval.
(d) The following members of the City's staff, among others, were present:
City Manager David Knapp, Director of Administrative Services Carol Atwood, City
Clerk Kimberly Smith, City Attorney Charles Kilian, and Code Enforcement Officer
Jeffrey Trybus;
(e) The following interested persons were also present:
(f) After hearing opening remarks, the City Council heard and considered all
relevant evidence including, but not limited to, testimony under oath from owners,
witnesses and parties interested, as well as received into evidence exhibits and staff
reports, relative to said matter;
(g) Following the presentation of all evidence and closing remarks, the City
Council considered the matter, and resolved as follows:
1. The following findings off act are hereby made:
(a) Notice of the time and place of the hearing to abate, and Resolution
No. 04-393 were duly and regularly posted and served, as required by the provisions of
Ordinance No, 1793, Chapter 1.09.060 of the Cupertino Municipal Code.
Resolution No. 04-417
Page 2
(b) An excessive amount of uncontainerized garbage, furniture, tools,
lumber, recyclables, automobile parts, and appliances in view of the public right of way
on parcel 375-25-062 located at 10240 Johnson Avenue in the City of Cupertino, State of
California, constitutes a public nuisance, in that said obstruction constitutes a hazard to
public health, safety and general welfare, by reason of threatening the free use and
enjoyment of adjoining property and a possible sight obstruction for vehicular traffic,
2. IT IS THEREFORE ORDERED as follows:
(a) Said public nuisance shall be abated.
(b) A description of the needed corrections and/or repairs, necessary to
comply with the abatement order is as follows:
. Removal and disposal ofuncontainerized garbage, furniture, tools,
lumber, recyclables, automobile parts, and appliances in view of
the public right of way at 10240 Johnson Avenue by October 18,
2004.
(c) Any property owner shall have the right to have the public
nuisance, as declared, abated, provided the same is completed as per Item 2(b) of this
Resolution, which time, upon good cause shown, may be extended for a reasonable time
by the City Council.
(d) If such public nuisance is not abated within such time or any
extension of time that may be granted, the Director of Administrative Services shall, by
City forces or private contract, cause the same to be abated.
(e) The property owner shall continue to maintain the property in such
a way as to avoid a recurring public nuisance.
Resolution No, 04-417
Page j
ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day
of October 2004, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
James, Kwok, Lowenthal, Sandoval, Wang
None
None
None
ATTEST,:
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City Clerk ~
APPROVED:
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ayor, City of Cup '0